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HON. BASSEY ETIM V. HON. BASSEY ALBERT AKPAN & ORS

(2018) JELR 38866 (SC)

Supreme Court  •  SC.1057/2017  •  6 Jul 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Appearances
KANU AGABI, SAN, with him, Ogwu Onaja, Taiwo Abe, John Ochogwu Esq., and Peter Eriwode, Esq. For Appellant PAUL USORO, SAN, SOLOMON UMOH, SAN with him, Ini Utuk, lme Edem-Nse and Ejike Wogu - for 1st Respondent'G.A. UMOH with him, E. Enoidem and I. Ememdoong for 2nd . Respondent.ALHASSAN A. UMAR, with him, I. S. Mohammed and M. O. Ediawe Esq. - for 3rd Respondent. For Respondent

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division, hereinafter referred to as the lower Court, in respect of Appeals Nos CA/C/87/2017 and CA/C/104/2017 delivered on 30th day of November 2017, setting aside the decision of the Federal High Court sitting in Uyo, hereinafter referred to as the trial Court, in suit No. FHC/UY/CS/1087/2015. Hereinunder is supplied a summary of the facts that brought about the appeal.

The 2nd respondent, the P.D.P. a registered political party, with the view to nominating its candidate for the Akwa Ibom North East Senatorial Seat in the 2015 general election, conducted its primary election on the 7th day of December 2014. The appellant, 1st respondent and others contested the said primary election at the end of which the name of the 1st respondent who had polled the highest vote was forwarded to the 3rd respondent by the 2nd respondent as its candidate for the Senator…

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